Politics

Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause

Published

3 years ago

March 19, 2022

Malami

Respite came the way of Rotimi Amaechi, Abubakar Malami, Chris Ngige and other appointees who are nursing ambition in 2023 as a Federal High Court on Friday nullified section 84 (12) of the amended Electoral Act, which requires them to resign before participating in primaries, convention and other electoral activities.

Buhari had sought the amendment of the act to delete section 84(12), which he said contravened the rights of political officeholders to vote or be voted for in political party conventions and congresses. But the parliament rejected the president’s request.

In line with the section, many state governors have asked their appointees seeking to contest for election to resign.

Section 84(12) states, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of black candidates for any election.”

While Amaechi and Ngige are said to be eyeing the presidency, Malami, who hails from Kebbi State, wants to contest for the governorship seat of his home state. Head of agencies who are set to contest for elections are also going to be affected by this development.

Court nullifies clause

The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.

The court, in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

Mr Nduka Edede, a lawyer and chieftain of the Action Alliance (AA) party had approached the court in the suit that had the Attorney General of the Federation as the defendant

The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution was not inconsistent.

The court agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

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Anyadike held that the said sections already stipulated that appointees of government seeking to contest elections were only to resign, at least 30 days to the date of the election.

She held that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the constitution”.

The judge thereafter ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

The counsel to the plaintiff, Emeka Ozoani, a Senior Advocate of Nigeria (SAN), said that by this judgement, the National Assembly was not required to further make any amendment to the section.

The defense counsel, Mr Chris Nevo, hailed the judgement, saying the court had put to rest, the section that had been in conflict with provisions of the constitution.

INEC reacts

Reacting to the development, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary to the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, told Daily Trust Saturday that it is within the ambit of the judiciary to adjudicate on matters brought before competent courts of law.

“When such cases are tried and judgements are delivered, compliance becomes compulsory for all parties until a higher court decides otherwise.

“The INEC did not institute the case you referred to, nor are we a party to it, therefore, we do not have any opinion on the ruling,” Oyekanmi said.

We’re not aware of suit – N/Assembly

The Senate spokesman, Senator Ajibola Basiru, said he was not aware of the suit and whether the National Assembly was a party or was served and represented.

Also, the spokesman of the House of Representatives, Benjamin Kalu, said they were not aware of the judgement.

Court has powers to expunge clause – Lawyers

Paul Ananaba (SAN) said that according to section 6 of the Nigerian constitution, the court has the powers to nullify any section of an act that it deems unconstitutional

On the effects of the order on the upcoming 2023 general elections, he said it was for the INEC to study and give its guidelines, and that the court ruled based on the circumstances and not really about the timing of the election.

Also speaking, Abdulrasheed Abdulkareem (SAN) said the Federal High Court had powers to set aside any act or law.

He added that the latest decision would not affect the conduct of the 2023 elections as “that provision is only saying if you want to contest, resign. How does that one aspect affect the Electoral Act?”

Similarly, a former attorney-general of Ekiti State, Dayo Akinlaja (SAN) said the court had the powers to make pronouncements invalidating any provision that is found to be unconstitutional, adding that “it has always been the position of the law.”

“The practice is that once a court has struck down a provision of the law, that provision becomes inoperative.

“Of course, it is a decision of the High Court, anybody who is aggrieved can choose to go on appeal,” he said.

Print new electoral law – AGF

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), said his office would give effect to the decision of the court and would be recognised by the government printers.

In a statement signed by his media aide, Dr Umar Gwandu, the AGF noted, “The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgement of the Federal High Court, among others, to be enforced.”

DAILY TRUST

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Politics

2027: PDP governors reject alliance of opposition parties

Published

6 hours ago

April 14, 2025

Trends Admin

2027: PDP governors reject alliance of opposition parties

The Peoples Democratic Party, PDP, Governors Forum, have distanced itself from a coalition of opposition politicians.

The Forum under the leadership of the Bauchi State governor, Bala Mohammed, said it won’t join any alliance ahead of the 2027 presidential election.

It disclosed this during a meeting in Ibadan, the Oyo State capital on Monday.

The Forum also heightened the crisis over the authentic national secretary of the party by backing the Deputy National Secretary, Setonji Koshoedo, as Acting National Secretary.

Recall that PDP’s former presidential candidate, Atiku Abubakar had announced the birth of an opposition alliance.

The coalition is believed to include former Labour Party presidential candidate, Peter Obi and ex-Kaduna State governor, Nasir El-Rufai, among other politicians.

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Atiku had said the coalition is aimed at removing President Bola Tinubu in 2027.

The announcement of the coalition came after El-Rufai defected from the All Progressives Congress to the Social Democratic Party, SDP.

El-Rufai had accused the APC of lack of internal democracy since Tinubu assumed power.

However, former presidential candidate of the Social Democratic Party, Adewale Adebayo, had said Atiku and Obi were in talks to join the SDP.

He said if Atiku, Obi and other prominent politicians willing to join SDP can stick to the party’s culture, they would defeat and retire Tinubu and the APC.

Meanwhile, a chieftain of the New Nigeria Peoples Party, NNPP, Buba Galadima said El-Rufai was Atiku’s placeholder in the SDP should the PDP deny him its presidential ticket.

2027: PDP governors reject alliance of opposition parties

Politics

PDP govs dump Anyanwu, Ude-Okoye, appoints acting secretary

Published

6 hours ago

April 14, 2025

Trends Admin

PDP govs dump Anyanwu, Ude-Okoye, appoints acting secretary

Following the Supreme Court judgement on the secretaryship of the Peoples Democratic Party (PDP), governors elected on the platform of the party have rejected Senator Samuel Anyanwu and Sunday Ude-Okoye as Secretary.

The Party has, therefore, appointed the Deputy National Secretary, Setonji Koshoedo, as acting National Secretary.

In a communique read to journalists by the Chairman of the PDP Governors, and Bauchi State Governor Bala Mohammed, the Governors said Koshoedo would act as National Secretary to allow the South East Zone to nominate the substantive National Secretary which will be presented to the party during the next NEC.

The PDP Governors also reiterated their rejection of the declaration of a state of emergency in Rivers State, maintaining that they have already approached the court to look at the issue.

Below is the full communique:

The Peoples Democratic Party Governors’ Forum (PDPGF) held its 2025/4th Meeting in Ibadan, Oyo State, and resolved the following;

1. Noting the nationwide speculations about possible merger of political parties, groups and/or associations, the Forum resolved that the PDP will not join any coalition or merger. However, the PDP as a major opposition party welcomes any party, persons or groups that are willing to join it with a view to wrestling power and enthroning good leadership in 2027.

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2. The Forum reiterates its position taken in Asaba on the issue of the National Secretary of the party, but in the wake of the Supreme Court judgment, Forum resolved to recommend that the Deputy National Secretary acts as National Secretary, pending the nomination and ratification of a Substantive Secretary from the South East Zone and NEC respectively at its next meeting.

3. The Forum reasserts our collective determination to avert a rape of our constitutional democracy hence the decision of approaching the Supreme Court to give a clear cut verdict on the interpretation of the provisions of the law on the declaration of State of Emergency in any state.

The Forum restates its solidarity with His Excellency, Sir Siminalayi Fubara, on the ordeal into which his state and people are being plunged by the declaration of a state of emergency. And we reiterate our commitment to stand with him till the end.

4. The Forum finds alarming the worsening security situation in the country, as evidenced in parts of the country especially Borno, Plateau, Katsina and Edo States. The Forum calls for review and reordering of priorities and strategies including adopting a bottom up template that guarantees the sub-nationals to constitute an effective line of defence against security breaches. While raising the concerns above, we condemn the recent attacks in Plateau State, and commiserate with the government and people of the state especially those who lost their lives and properties during this unfortunate mishap.

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5. The Forum resolves that working in conjunction with the National Working Committee (NWC) and other relevant organs of the party, to hold a NEC Meeting on the 27th of May, 2025; constitute a Zoning Committee that will address all issues relating to zoning of party offices and hold an early convention in August 2025, precisely on the 28th, 29th and 30th in the ancient city of Kano.

6. The Forum equally recommends the constitution of the Zoning and National Convention Committees for ratification by the NWC and NEC as follows;

Zoning Committee: Gov. Douye Diri – Chairman; Gov. Dauda Lawal – Vice Chairman and Gov. Caleb Mutfwang – Secretary, while the National Convention Committee has Gov. Ahmadu Fintiri as Chairman; Gov. Ademola Adeleke as Vice Chairman and Gov. Peter Mbah as Secretary.

7. The Forum expressed its gratitude to the host Governor, His Excellency, Engr. Seyi Makinde, the government and good people of Oyo state for their hospitality.

THOSE IN ATTENDANCE WERE:

1) H.E. Senator Bala Abdulkadir Mohammed, Governor, Bauchi State & Chairman, PDP Governors’ Forum
2) H.E. Ademola Adeleke, Osun State
3) H.E. Ahmadu Umaru Fintiri, Adamawa State
4) H.E. Seyi Makinde, Oyo State
5) H.E. Douye Diri, Bayelsa State
6) H E. Dauda Lawal, Zamfara State
7) H.E. Agbu Kefas, Taraba State
8) H.E. Senator Dr Akon Eyakenyi, Deputy Governor – Akwa Ibom State
9) H.E Barr Peter Mbah – Enugu State
10) H.E Sir Monday Onyeme, Deputy Governor – Delta State.

PDP govs dump Anyanwu, Ude-Okoye, appoints acting secretary

Politics

Our position on Tinubu/Shettima 2027 campaign billboards – Presidency

Published

16 hours ago

April 14, 2025

Trends Admin

President Bola Ahmed Tinubu and Vice President Kashim Shettima

Our position on Tinubu/Shettima 2027 campaign billboards – Presidency

The Nigerian Presidency has issued a statement dissociating itself from Tinubu/Shettima 2027 Campaign Billboards that have been seen in several cities around the country.

In a statement released on Sunday, signed by Spokesperson, Bayo Onanuga, the Presidency warned that premature campaigning was against the law and could undermine the integrity of the electoral process.

The statement read in full; “The Presidency has observed, with dismay, the increasing number of billboards in some cities promoting the 2027 campaign for President Bola Ahmed Tinubu and Vice President Kashim Shettima.”

“Worth noting is that some of these billboards with pictures of the President and his wife, Senator Oluremi Tinubu, emblazoned on them are springing up in Abuja and Kano in particular.”

“While President Tinubu and Vice President Shettima greatly appreciate their teeming and loyal supporters across the country for their enthusiasm and continuing support, the two leaders do not support any campaign that breaches the laws of the land.”

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“The electoral law that guides the conduct of elections and political campaigns forbids any form of campaign for the 2027 general elections. Premature campaigning can undermine the integrity of the electoral process and create unfair advantages. As law-abiding leaders, President Tinubu and Vice President Shettima do not support any action that undermines our institutions and the electoral process.”

“Until the Independent National Electoral Commission (INEC) sets the timetable for the 2027 elections, the President has not endorsed or authorised anyone or any group to mount a 2027 campaign for him through any media channel—be it Out-of-Home, print, digital, radio, or television.”

“Therefore, we urgently call on individuals and groups funding this 2027 political campaign through the ongoing deployment of materials on billboards nationwide to cease immediately.

“President Tinubu and his deputy are fully committed to delivering the ongoing task of nation-building they have set for themselves. This commitment is evident in their focus on economic revitalisation, human capital development, infrastructural renewal, social investment, and national security.”

“When INEC signals that the processes for the 2027 elections can start, President Tinubu will duly inform Nigerians of his plans.”